Kisan Vitthal Borate And Others v. The Honble Minister State Of Maharashtra And Others

2025:BHC-AUG:872-DB 919-WP-14080-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14080 OF 2024 KISAN VITTHAL BORATE AND OTHERS

VERSUS

THE HONBLE MINISTER STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioners : Mr. Rahul R. Karpe GP for Respondents: Mr. A. B. Girase ...

CORAM : S. G. MEHARE & SHAILESH P. BRAHME, JJ.

DATE : 10-01-2025 PER COURT:- 1.

Heard the learned counsel for the petitioners. 2.

Issue notice to the respondents.

3.

The learned A.G.P. waives service of notice for respondents No.1 to 3.

4.

The petitioners have preferred an appeal before respondent No.1 / the Hon'ble Minister, Government of Maharashtra, Department of Co-operation, Mantralaya, Mumbai, in the month of October-2024 against the order of respondent / Divisional Joint Registrar, Co-operative Societies, Nashik Division, Nashik, rejecting the stay application.

919-WP-14080-24.odt 5.

The petitioners have an apprehension of disqualification due to action taken against them under Section 88 of the Maharashtra Co-operative Societies Act, 1960 (for short, "the Act"). The petitioners have a single prayer that their appeal before respondent No.1 / Hon'ble Minister be expedited the matter. 6.

Now the Government has been formed and the Ministry has got a new Minister. Since the action under Section 88 of the Act against the Director has the consequences of disqualification, we allow this writ petition by directing that concerned respondent No.1 / the Hon'ble Minister should decide the stay application within four weeks from today.

[ SHAILESH P. BRAHME ] [ S. G. MEHARE ] JUDGE JUDGE rrd